Immigration Issues/re-enter US?

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Expert: David - 12/20/2006

QuestionHi,
Will my girlfriend be on FBI's watch list when she enters US again? Is overstayed a visa considered a criminal violation? When she get fingerprint at the airport custom, will the officers know that she has been deported before?
Thanks!
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The text above is a follow-up to ...

-----Question-----
My girlfriend has been deported out to US due to overstayed her US visa for 6 years. I am deeply in love with her. Since I am a US citizen, can I file a K-1 visa for her then get marry within 90 days? Will she still be under the category of barred from entering US for 10 years? Will she was arrested and put in the detention center, she got fingerprint, will this affect her coming in again? She only overstayed visa with no criminal history. Will US still consider this as criminal violation? Will her name appear in FBI's watch list?
Thank you for answering my question!
-----Answer-----
You can get married, in her home country. She will not be granted a visa to the United States for a minimum period of 5 years from the date of deportation, in addition she must file form I-212 with a fee of $265.00 for permission to re-enter the US after deportation for visa application to even be considered. All documents relating her deportation must be attached to the application. There is no guarantee it will be approved. Deportation is a serious matter and takes years to overcome the effects.

AnswerShe will have an NCIC record and it will reflect that she has been deported from the United States. Anyone entering the US after being deported and without authorization is guilty of a felony under 8 USC 1326. In addition to serving substantial time in a federal prison, the person is permanently banned from ever entering the United States.
File the I-212 and have her enter correctly.